CIRCUMSTANCES A LAWYER CAN GIVE AWAY CLIENT’S INFORMATION WITHOUT CONSENT. DAILY LAW TIPS (Tip 304) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Ordinarily, a lawyer cannot give away information obtained from a client because such was obtained under professional privilege and the lawyer owes duty to the client not to reveal such communication.
There are circumstances that a lawyer may reveal such communication without breaching his duty to client and there are;
1. Where such communication is for an illegal purpose or crime committed
2. Where such communication is permitted by Rules of Professional Conduct or law or court order
3. Where such communication is necessary for a lawyer to establish/collect his fees or
4. Where such communication is necessary for a lawyer to defend himself, employees or associates against accusation of wrongful conduct.

My authorities are sections 192(1) and 259 of the Evidence Act, 2011 as well as Rules 19(3) and 57 of the Rules of Professional Conduct for Legal Practitioners, 2007.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 241)
“NO COMPANY IN NIGERIA CAN BE SERVED COURT PROCESSES BY SUBSTITUTED MEANS.”

Contrary to common opinion/practise among fellow lawyers, no company in Nigeria can be served by substituted means. Substituted means is employed where personal service of court processes on natural being(human being) fails or may fail. Companies and corporations are not natural/human beings and as such personally service cannot be effected on them. Since personal service cannot be effected on companies, there can never be substituted service on companies. The Companies and Allied Matters Act as well as Rules of different courts, have provided clear means of serving court processes on companies in Nigeria. This includes service on Officers of Companies or delivering/leaving such on registered office or branch offices of companies without needing an order of any court for substituted service. Hence, Lawyers should stop wasting time in court seeking for order of substituted service on companies!

My authorities are section 78 of Companies and Allied Matters Act, Rules of all Courts in Nigeria and the Judgments in the following Supreme Court and Court of Appeal cases;

1. MARK V. EZE (2004) 5 NWLR (PT. 865) 54, (SC)

2. NBC PLC V. UBANI (2014) NWLR, PT. 1398 at 421, (SC)

3. PLASTEX (NIG) LTD V. MAINLAND OIL & GAS (2018) LPELR-43509(CA),

4. OBADINA & ORS V. FASOYINRO (2017) LPELR-42182(CA),

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NOTE: Sharing or modifying or publishing this publication without giving credit to Onyekachi Umah, Esq. and “LearnNigerianLaws.com” is a criminal breach of copyright and will be prosecuted. Please share this publication till it gets to those that need it most. Save a Nigerian today!

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 193)
“Legal Practitioners In Nigeria Can Advertise Anywhere and Anytime”

Legal practitioners in Nigeria are permitted to advertise their practise to the public, anywhere and anytime, so far as it is not false, unfair or disturbing. Legal practitioners can advertise online, blogs, social media, bill boards, flyers, walls, public places, vehicles, banners, on radio and television among other channels. There is nothing in the Rules of Professional Conduct that prohibits legal practitioners from advertising rather from soliciting professional employment.

My authority is Rule 39 of Rules of Professional Conduct For Legal Practitioners, 2007.

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“EFFECTIVE AND REALISTIC BILLING SYSTEM FOR NIGERIAN LAWYERS.” 

BY

ONYEKACHI UMAH, ESQ., LL.M, ACIArb(UK)

Onyekachi Umah, Esq will be talking to his fellow lawyers on "EFFECTIVE AND REALISTIC BILLING SYSTEM FOR NIGERIAN LAWYERS" on Monday 24 September 2018 at the Abuja Film Village Theatre, Cyprian Ekwensi Centre for Arts and Culture, Area 10, Abuja.

DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 174)
“Legal Practitioners Cannot Sell Land In Nigeria.”

Practise of law is for legal practitioners alone. A legal practitioner is a lawyer that has been called to the Nigerian Bar. Legal practitioners are bound by the Rules of Professional Conduct For legal Practitioners 2007. Among the provisions of the said Rule, is that legal practitioners cannot engage in any other profession. The survey, valuation and sell of land is for another profession (Estate Surveyors and Valuers), hence no legal practitioner can combine such profession with law practise. Note, that a lawyer can work as “Transaction Adviser” as well as “Due Diligence and Compliance Expert” for any land transaction but cannot be a mere land agent, jobber and estate manager.

My authorities are Rule 7 of Rules of Professional Conduct For Legal Practitioners 2007 and the Judgement In NBA V. IBEBUNJO (2013) 18 NWLR (PT. 1386)

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***This is the writer’s view not a legal advice and does not create any form of relationship. ***

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COPYRIGHT, TRADEMARK, INDUSTRIAL DESIGNS & PATENT REGISTRATION;

PROSPECTS FOR LAWYERS IN NIGERIA

By 

ONYEKACHI UMAH, ESQ., LL.M, ACIArb(UK)

DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 147)
“Law Firms/Chambers Cannot Be Engaged and Briefed To Render Legal Services or Sign Documents”.

The practise of law is reserved for legal practitioners that are called to the Nigerian Bar and their names enrolled in the records of Supreme Court of Nigeria. Hence, the service of a lawyer cannot be rendered by a company, business name, partnership, firm or chamber of lawyers rather by the lawyers therein. Such institutions and formations are not lawyers licensed to practise although their owners, promoters, members and staff are licensed lawyers. So you engage lawyers and not law firms!

My authorities are sections 2 and 24 of Legal Practitioners Act and the Supreme Court decision in Okafor V. Nweke (2007)10 NWLR (PT.1043) 521 at 531.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 123)
“A Lawyer’s Bank Account is Exempted from EFCC, SCUML, NFIU and Police Registration/Clearance.”

Most ignorant banks will request that a lawyer obtains a proof of registration with Special Control Unit Against Money Laundering (SCUML) before a law firm’s bank account can be created; this is to enable EFCC and other agencies monitor such accounts easily.

This is wrong and illegal. Special Control Unit Against Money Laundering(SCUML), the National Financial Intelligence Unit (NFIU), the Economic and Financial Crimes Commission (EFCC) have no right to demand registration and seek regulation of lawyers, their law practice and management of clients accounts.

Don’t let any bank or security agency muscle you into illegality. Enjoy your lawyers privileges!

See sections of 192 and 195 of Evidence Act, sections 5 and 25 of Money Laundering (Prohibition) Act, Rule 19(1) of the Rules of Professional Conduct for Legal Practitioners 2007 and the Federal High Court decision on Registered Trustees of Nigerian Bar Association V. AGF & CBN (Suit No: FHC/BS/173/2014) And the Court of Appeal decision in the case of CBN V. NBA & AGF (Appeal No: CA/A/202/2015)

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 75)

Any person whether educate or not, can be appointed a company secretary of a private limited company. Only lawyers, chartered secretaries and accountants or their firms or former secretaries of public companies with 3 years experiences within 5 years before appointment can be a company secretary of Public Company.

See section 295 of Companies and Allied Matters Act.

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